DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 4740-19  
Ref:   Signature Date  

From: Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  

Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 w/enclosures 
      (2) Fitness Report for the reporting period 1 Aug 11 to 30 Oct 11 
      (3) CMC ltr 1610 MMRP-13/PERB of 13 Mar 19 
      (4) HQMC memo 1610 MMRP-50 of 24 Apr 19 


1. Pursuant to the reference, Petitioner, a commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his failure of selection to lieutenant colonel. 

2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 26 November 2019 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies. 

3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice found as follows:

a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. 

b.  Petitioner was issued enclosure (2), a fitness report for the reporting period 1 August 2011 to 30 October 2011.  Per enclosure (3), on 13 March 2019, the Performance Evaluation Review Board (PERB) directed the following changes to the report:  mark Section A, Item 5b “Not Observed,” remove mark from Section A, Item 7a, mark Section A, Item 7c “N/A,” remove the comments in Section C (billet Accomplishments), delete pages 2 of 5 through 4 of 5, remove Section I comments and add the sentence:  “This report is a not observed fitness report due to insufficient observation.” 

c.  Petitioner contends that the Fiscal Year (FY) 2020 USMC Lieutenant Colonel Promotion Selection Board made an unjust assessment of his record because the correction made by the PERB was not available for review by the board when he failed selection. 

d.  Petitioner failed selection by the FY 2020 USMC Lieutenant Colonel Promotion Selection Board, but was selected from above-the-zone by the FY 2021 Promotion Selection Board.  According to a Headquarters, Marine Corps (MMRP-50), advisory opinion at enclosure (4), Petitioner’s Reporting Senior’s erroneous observation on his fitness report skewed the accuracy of Petitioner’s record during the FY 2020 Promotion Selection Board.  Moreover, once the corrections were made, Petitioner’s performance percentages across his career moved from 30.4 percent in the bottom third to 23.8 percent in the bottom third.  MMRP-50 opined that the substantive correction made to his fitness report yields positive changes (26.1 percent corrected to 28.6 percent) to the percentage of fitness reports in the top third.  Essentially, Petitioner’s cumulative performance percentages changed from average-below average to average-above average. 

CONCLUSION 

Upon review and consideration of all the evidence of record, theBoard concluded that Petitioner’s request warrants relief.  In this regard, the Board noted that the PERB made substantial modifications to Petitioner’s fitness report by modifying it to a “not observed” report.  The Board noted that after the PERB made corrections to Petitioner’s record, he was selected from above-the­zone by the FY 2021 Promotion Selection Board. The Board concurred with the MMRP-50 advisory opinion and determined that the FY 2020 promotion selection board was not presented with an accurate representation of Petitioner’s performance due to errors in his fitness report.  The Board concluded that Petitioner’s FY 2020 failure of selection shall be removed. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action: 

Petitioner’s naval record be corrected by removing his failure of selection incurred by the FY 2020 USMC Lieutenant Colonel Promotion Selection Board. 

4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy. 


Sincerely,